Civil jury: Tracy policeman used excessive force

STOCKTON — A civil jury on Monday found a Tracy police officer used excessive force and battery when he brought to the ground a man reported to be in a child custody dispute.

City of Tracy was found liable to pay $90,000 in medical costs to Steven Allgoewer, who alleges officers caused injuries to his shoulder and leg in a takedown on his front lawn.

The case stems from a 2007 call to police reporting Allgoewer was violating custody court orders by refusing to return the child to its mother. Officers determined Allgoewer needed to produce the child.

But the incident escalated when he attempted to retrieve the child from another part of the property after officers had ordered him to remain where he was.

Allgoewer argued with the officers, who also had ordered him to drop a rake he was holding.

The officers on scene — Trevin Freitas and Nestor Mejia — restrained him and used a Taser.

On Monday, the jury absolved Mejia from liability, but in a 9-3 split verdict, they decided Freitas used excessive force on Allgoewer. The jury also unanimously found the same officer used battery on him.

Four jurors agreed to discuss their findings with the plaintiff’s attorney, Gilbert Somera, and the City of Tracy’s representative, San Francisco-based attorney Dale Allen Jr., after the verdict was read.

The two jurors in favor of the verdict indicated they believe Allgoewer no longer was a threat after each officer held his arms at opposite sides, making Allgoewer drop the rake.

“I don’t think the takedown should have gone any further than that,” said a juror who identified himself as Kevin McLard. He said Freitas should not have used a leg sweep to bring Allgoewer to the ground.

The other three jurors declined to identify themselves. Two of them had sided with the defense and stated the officers did as they were trained, saying they could not have known what his next move would be.

Outside the courtroom, Allen said he was surprised by the verdict, because the evidence he presented supported the move Freitas used is taught in police academies across the state and that he acted accordingly.

Allgoewer had become angry and refused to drop the rake, and the officers still felt there was a potential threat.

“It’s something jurors did not understand that in that split second of decision-making, officer Freitas, in disarming, needed to control him using techniques he was taught,” Allen said.

Allen said an appeal will be considered.

After meeting with jurors, Somera said the officers should have had restraint and as a result, his client suffered costly injuries.

The case has dragged in the court system for seven years. In 2008, a San Joaquin County Superior Court judge dropped it, accepting the defense’s argument that the plaintiff needed to produce an expert witness on police training.

Somera challenged the decision at the state Third District Court of Appeals. The appellate court ruled that plaintiffs alleging police excessive force are not required to put an expert on the stand in order for a jury to determine whether the amount of force was unreasonable.

The opinion became law in California, applying to other cases.

Somera anticipates the jury's decision could lead to changes in police standards and training.

— Contact reporter Jennie Rodriguez-Moore at (209) 943-8564 or jrodriguez@recordnet.com. Follow her at recordnet.com/courtsblog or on Twitter @TheRecordCourts.